sentence ought not to be commuted to life imprisonment. But in
light of the principle laid down in Dagdu (supra), we have afforded
adequate and sufficient opportunity to the appellant to place all
the relevant materials on record before us.
27.
In Shatrughna Baban Meshram (supra), 67 judgments of the
Supreme Court in the previous 40 years were surveyed wherein
death sentence had been imposed by the trial court or the High
Court for the alleged offences under Sections 376 and 302 of the
Code, and where the age of victims was below 16 years. It was
noticed that:
“35.1. Out of these 67 cases, this Court affirmed the
award of death sentence to the accused in 15 cases.
In three (at Sl. Nos. 26-A, 33-A and 41-A) out of said
15 cases, the death sentence was commuted to life
sentence by this Court in review petitions. Out of
remaining 12 cases, in two cases (where review
petitions were heard in open court in terms of law laid
down in Mohd. Arif v. Supreme Court of India),
namely, in cases at Sl. Nos. 51-A and 65-A, the death
sentence was confirmed by this Court and the review
petitions were dismissed. Thus, as on date, the death
sentence stands confirmed in 12 out of 67 cases
where the principal offences allegedly committed were
under Sections 376 and 302 IPC and where the
victims were aged about 16 years or below.
35.2. Out of these 67 cases, at least in 51 cases the
victims were aged below 12 years. In 12 out of those
51 cases, the death sentence was initially awarded.
However, in 3 cases (at Sl. Nos. 26-A, 33-A and 41-A)
the death sentence was commuted to life sentence in
review.”
It appears from the above data that low age of the victim has
not been considered as the only or sufficient factor by this Court
Criminal Appeal Nos. 1473-1474 of 2017
Page 26 of 30
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